Litigating the Politics of Religious Conservatism in Public Life
摘要
In 303 Creative the plaintiff claims that her First Amendment right to free speech/free expression would be violated by the State of Colorado under its public accommodation statute if she were required to offer her planned custom wedding web design service also to same-sex couples. This, on her view, would amount to being compelled to communicate, contrary to her sincerely held religious belief, that same-sex marriages are bona fide in every way (compelled speech). Plaintiff requested pre-enforcement relief through an exemption (based on an alleged compelled speech First Amendment ground) such that she could lawfully deny the custom wedding web service to same-sex couples. The government held that it is the service and not speech that would be compelled given that the service was stipulated to be a public accommodation. The State argued that in this case the couple’s status (as same sex) is inextricably linked to why plaintiff wishes an exemption from providing her expressive custom wedding web service to that protected group. That fact, the State maintains, runs afoul of public accommodation law requirements. 303 Creative highlights the culture war surrounding the LGBTQ plus community and its, to some conservatives, being a perceived threat to religious conservatism.